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Publication date: 23.04.2024
lawyer, 23 years of experience in enforcement.
Cases in which the enforcement fee is not charged
To date, there are legislatively established cases in which the enforcement fee is not charged. Such cases are:
- according to executive documents on the confiscation of property, collection of periodic payments (except executive documents on the collection of alimony), seizure of property to secure legal claims, according to executive documents that are subject to immediate execution;
- in case of implementation of decisions of the European Court of Human Rights;
- if the execution of the decision is carried out at the expense of the funds provided by the budget program for ensuring the execution of court decisions in the manner established by the Law of Ukraine "On State Guarantees for the Execution of Court Decisions";
- according to the executive documents on the collection of the executive fee, the collection of costs of the executive proceedings, fines imposed by the executor in accordance with the requirements of the Law of Ukraine "On Executive Proceedings"
- according to the executive documents on debt collection, which is subject to settlement in accordance with the Law of Ukraine "On measures aimed at settling debts of heat supply and heat-generating organizations and enterprises of centralized water supply and drainage" and the Law of Ukraine "On measures aimed at overcoming crisis phenomena and ensuring financial stability on the natural gas market", as well as in accordance with the resolutions of the state executives brought into force by the aforementioned laws.
- in the case of execution of the decision by a private executor, it should not be forgotten that the main remuneration of a private executor is identical to the enforcement fee, and in accordance with it, the same norms and procedures apply as for the enforcement fee. It should also not be forgotten that during the transfer of an executive document from a state executive service body to a private executor, the executive fee is not charged, if it was not charged at the time of transfer. If, at the time of such transfer, the executive fee, or its part, has been collected, then such funds are not subject to return, and at the same time, the main remuneration to the private executor, which is identical to the paid executive fee, is no longer paid.
- in the case of the end of enforcement proceedings in connection with the annulment of the decision that was subject to enforcement, or the recognition of the enforcement document as unenforceable by the court, the enforcement fee is not charged, and the collected enforcement fee is subject to return.
- in case of termination of executive proceedings on the basis of Clause 9 of Part One of Article 39 of this Law of Ukraine "On Enforcement Proceedings", if the decision was executed before the opening of enforcement proceedings, and in case of termination of enforcement proceedings on the basis of Clause 17 of Part One of Article 39 of this Law. The executive fee is not collected from the amounts of tax debt (including fines and penalties) and arrears from the payment of the single social contribution to the mandatory state social insurance in the event of their write-off in accordance with clauses 2-3, 2-4 and sub-clause 26.2 of clause 26 subsection 10 of chapter XX of the Tax Code of Ukraine and clauses 9-15 of chapter VIII of the Law of Ukraine "On collection and accounting of a single contribution to mandatory state social insurance".
- unless otherwise stipulated by the dispute settlement agreement (settlement agreement) concluded between a foreign entity and the state of Ukraine at any stage of dispute settlement or case consideration, including the stage of recognition and execution of the decision, according to which the executive document is not subject to execution, or obligations placed on the debtor by the executive document are subject to termination. In this case, enforcement proceedings opened on the basis of a resolution on the collection of enforcement fees, including before the date of conclusion of such an agreement, are subject to termination in accordance with Clause 19 of Part 1 of Article 39 of this Law of Ukraine "On Enforcement Proceedings".
Please note that until October 5, 2016, the Law of Ukraine "On Enforcement Proceedings" contained the concept of "voluntary enforcement of the decision", which meant that the debtor was given a deadline for independent enforcement of the decision, and the enforcement fee was charged in the event that the debtor did not comply with the relevant court decision within the term for voluntary execution, while the state executor had to certify that the debtors had received a resolution on the opening of enforcement proceedings. To date, executors, as a rule, do not pay attention to this part of the Law and, in the event of a question about the need to remove the arrest on an executive document that was executed by the debtor on his own, they still demand the payment of an executive fee. This applies to executive proceedings that were opened before 05.10.2016.
In such cases, the services of a lawyer are absolutely necessary, it will help to conduct a legal analysis of the situation, and in some cases avoid a lawsuit and other. A lawyer or an attorney will provide professional assistance in solving the specified issue.
